06
Oct
11

Antonin Scalia Unplugged: Wants to Kill ‘Living’ Constitution

Justice Antonin Scalia couldn’t help himself.

Sitting on the dais at the Newseum, a Washington, D.C., museum dedicated to the value of a free press, he knew he probably shouldn’t bring up the landmark libel case New York Times v. Sullivan.

The 1964 Supreme Court defined “actual malice” as the standard for determining libel cases involving public figures. The case forever changed libel law. And, as Scalia has said before, he believes it was wrongly decided.

Scalia said the decision was the product of the “living” constitutionalists who adopt the values of the framers to the evolving world. Scalia rejects that line of thinking. “I look to the words of the Constitution,” he said, “but I ask what did those words mean to the society that adopted them.”

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